Dáil Éireann Debate, Thursday - 1 December 2022
85. Deputy James O'Connor asked the Minister for Housing, Local Government and Heritage his plans to change planning objections to ensure that each person who lodges an objection proves their identity before submitting; and if he will make a statement on the matter. [59869/22]
Amharc ar fhreagraIn making a decision on a planning application or appeal, a planning authority or An Bord Pleanála must consider the proper planning and sustainable development of the area concerned while having regard to the provisions of the relevant development plan, relevant Ministerial or Government policies and guidelines, as well as the views of members of the public on the proposed development.
It is open to any member of the public to make an observation or submission on a planning application or appeal and the planning authority, or the Board, is statutorily obliged to consider such submissions before making a decision.
Under Article 29 of the Planning and Development Regulations 2001, as amended (the Regulations), any person making an observation or submission to a planning authority, or under section 130 of the Planning and Development Act 2000, as amended (the Act), to the Board, shall state the name of the person or body making the submission or observation and the address to which any correspondence relating to the application should be sent. In addition, a fee is required to be paid to planning authorities when making a submission in accordance with Schedule 10 of the Regulations, or the fees as determined by the Board in accordance with Section 144 of the Act.
Where the requirements of the Act and Regulations are not complied with, the observation or submission is not valid. Furthermore, where a planning authority or An Bord Pleanála has suspicions that specific submissions on planning applications or appeals may not be genuine, it is a matter for them to refer the submissions to the Garda Síochána for investigation.
Public participation is a crucial element of all substantive decision-making processes under the Act, and is also a requirement under the UN Aarhus Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters (the Aarhus Convention) and the European Union Environmental Impact Assessment Directive 2011/92/EU, as amended, in relation to specific types of developments.
I am satisfied that the current arrangements in relation to public participation in decision-making contribute significantly to the openness and transparency of the planning process. However, the review of the planning legislation currently being undertaken by the Attorney General will consider any further changes that may be appropriate in this regard.
